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Philippine Bar review · Question

Practice question: Doctrine of Primary Jurisdiction

Multiple Choice Hard

Practice question

A complaint seeks rescission and damages over a regulated project. Its requested relief also requires deciding which operator should receive a technical operating entitlement, an issue stipulated to be initially entrusted by law to a specialized agency. The plaintiff insists that calling the action ordinary rescission compels the court to decide the entitlement first. Which analysis is best?
  1. The rescission label removes all agency involvement.
  2. The agency may decide any unrelated private claim without limit.
  3. The plaintiff can abolish statutory technical jurisdiction through pleading.
  4. The court should consider primary jurisdiction because the requested judicial relief depends on the entrusted technical determination.
  5. The court must automatically award the entitlement to the plaintiff.

Legal references

  • Industrial Enterprises, Inc. v. Court of Appeals, G.R. No. 88550, April 18, 1990, primary jurisdiction discussion, https://lawphil.net/judjuris/juri1990/apr1990/gr_88550_1990.html
  • Conrad and Company, Inc. v. Court of Appeals, G.R. No. 115115, July 18, 1995, https://lawphil.net/judjuris/juri1995/jul1995/gr_115115_1995.html

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